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JULY 2024 Kunkel Case Files 724-438-3020 • www.KunkelLawFirm.com • GKunkel@KunkelLawFirm.com Remote Workers’ Compensation Hearings Are Here to Stay
examinations, and other scheduling issues. When necessary, the injured worker can still insist on an in-person hearing for the presentation of critical testimony about the work injury, medical treatment, and any ongoing symptoms. While remote hearings save the time and expense of traveling to hearing offices, there are some important guidelines for injured workers to keep in mind for the virtual hearing. First of all, it is easy to forget that you are appearing before a judge who will be deciding your case. It is very important, therefore, to treat the remote hearing as though you are in a hearing room with the judge, counsel, and other witnesses and follow these general guidelines : • Consult with your lawyer before the hearing to review the issues to be addressed and any testimony to be presented. • You are appearing before the judge in your case, so it is important to dress appropriately and conduct yourself as though you are in a courtroom. • Participate in the hearing from a quiet place in your house or apartment. Dogs barking, televisions blaring, and family members carrying on conversations in the background are extremely distracting and can detract from your credibility. • If possible, do a practice run with your computer or smart device before the hearing so you can make any necessary adjustments. • Do not refer to or read from papers unless your lawyer asks you to refer to documents.
I recently attended the Workers’ Compensation Practice and Procedure Course sponsored by the Pennsylvania Bar Institute (PBI) in Pittsburgh. This biannual seminar is referred to as the “flagship” CLE course on workers’ compensation and is a great way to stay on top of the latest case law affecting injured workers and to get practical updates directly from supervisors and managers with the Bureau of Workers’ Compensation and the Office of Workers’ Compensation Adjudication. At this year’s conference, the Honorable Joseph J. DeRita, the director of the Workers’ Compensation Office of Adjudication, gave an update on the status of workers’ compensation litigation across the Commonwealth. One of the key takeaways from Director DeRita’s presentation was the proliferation of the use of remote video hearings in workers’ compensation cases across the Commonwealth. As many of you know from past newsletters, I highly recommend in-person hearings for Social Security Disability and workers’ compensation cases because I believe it is important for the judge to meet you face- to-face so they can accurately assess the credibility of the injured worker. While technology, such as Microsoft Teams and Zoom, has greatly improved, the video platforms are no substitute for appearing in person before the judge. The pandemic, however, changed our world in many ways, and it seems clear that remote video hearings in Pennsylvania workers’ compensation cases are now the new normal across Pennsylvania. According to Director DeRita, well over 90% of workers’ compensation hearings are now conducted remotely using the Microsoft Teams platform. Importantly, injured workers still have the right to insist on an in-person hearing, but the trend is toward remote hearings. Moreover, it appears that workers’ compensation judges across the Commonwealth prefer conducting hearings remotely. In short, at least in workers’ compensation, the virtual or remote hearing procedure is here to stay. While I will continue to recommend in-person hearings in Social Security Disability cases, significant differences in workers’ compensation hearings make those hearings more amenable to being remote. A typical workers’ compensation case involves 2–3 hearings spread out over several months, as well as a mediation before a judge. Further, most workers’ compensation hearings do not involve witness testimony, and many are simply status hearings where the parties discuss the presentation of medical evidence, the status of defense medical
• You should be the only person in the room for your testimony.
By following these simple guidelines, you will enhance your credibility and make the most out of the virtual hearing before the judge. If you or a family member has any questions about a workers’ compensation claim, please feel free to give us a call at (724) 438-3020. We are here to help in any way can.
–Greg Kunkel
www.KunkelLawFirm.com • 1 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
The Culinary Odyssey of America’s Favorite Crustacean LOBSTER TALES
Canned Crustaceans While lobster became known as a ready food source for those living on the coast, its short shelf life made it inaccessible to those living farther inland. This all changed in the 1870s with the advent of canned foods and train travel, which made lobster even more affordable and plentiful nationwide. However, their affordability led to increased demand, which resulted in overfishing. Eventually, lobster numbers dwindled, and they became less accessible. Shellfish Revival In the 1920s, people yearned to taste lobster once more. This yearning only grew once chefs discovered that boiling the crustaceans while they were still alive helped to
It may be hard to believe, but for much of our nation’s history, you would be more likely to find lobster on the menu of a prison cafeteria than an upscale restaurant. For centuries, these crustaceans harbored a reputation as protein for the poor. In fact, lobster has only recently become a luxury item. This is the story of the lobster and how it rose from a side dish to the main course. Seafood for Settlers When settlers first arrived in America, they soon discovered the shores were teeming with shellfish, which the Native Americans often used as fishing bait and fertilizer. Lobster was so plentiful that settlers did not need to dive to catch them: They would simply
pile up on the shore like produce at a grocery store. The crustaceans, some weighing up to 40 pounds, were so prolific and cheap that it was the primary food for prisoners, workers, and children. Servants ate so much that they got
enhance their flavor — much to the lobsters’ dismay. Restaurants in New York and Boston began serving lobster on their menu, but the increased demand and scarcity made them into the expensive treat we know today. Lobster’s rise from bottom feeder to a top-shelf delicacy has changed the culinary landscape worldwide — the scrumptious shellfish is now a
sick of them and reportedly included stipulations in their employment contracts that an employer would only serve lobster a maximum of two times per week.
delicacy served worldwide.
WHY REAL MONEY CAN’T TAKE CENTER STAGE LIGHTS, CAMERA, CASH
Identical bills are illegal. Prop money can’t look identical to actual bills because of concerns about whether it could be circulated to the public and used. This happened after a “Rush Hour 2” scene where they blew up billions of dollars in prop money. Extras took home some of the fake cash and tried to use it in Las Vegas. The Secret Service got involved immediately, shutting down the shoot and confiscating the bills. If the money is a replica, it must be either 75% smaller or 150% larger than real bills. One of the most common methods studios use is printing only one side of the fake money. The design can also be altered slightly, like changing the shading or picture. Real cash can’t be destroyed. Even though blowing up or burning money on camera can pump up the action for the audience, legal tender cannot be destroyed
in movies. Anyone can be charged with a federal crime, punishable by 10 years in prison and fines for destroying money. Only the Federal Reserve has that power. Technically, it’s illegal to even flatten a penny. You can’t print money. Real currency is printed on a unique blend of cotton and linen available only to the U.S. government. Prop money can’t feel like the real deal. It has to be on paper and printed at a lower resolution. Robert De Niro didn’t like how the prop money felt in his hands while filming “Goodfellas.” To get around it, the prop master withdrew money from his bank account for De Niro to use. At the end of each scene, no one could leave until all the money was counted and returned. So, next time one of your favorite movie characters has cash to burn, remember, those are fake bills in the flames!
Have you ever wondered how moviemakers can afford to blow up piles of money on the big screen? It turns out that it’s tricky, as the government has a set of strict rules to follow when studios feature U.S. currency on screen. So, roll out the red carpet because we’re about to explore the laws of prop money.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
TAKE A BREAK
For many parents, the end of the school year begins a long, challenging stretch of unstructured time when children need something to do. Social media personalities are rushing to fill the gap by suggesting activities to inspire parents and kids alike to make the most of their time off. The term “bucket list” was popularized by a 2007 film of the same name. It originally denoted an inventory of experiences or achievements you hope to accomplish before you die. But the idea of figuring out what you want to do in the future is handy at other stages of life, too. Young adults and parents have embraced the term as a tool for planning summer activities. Framing her suggestions as a “summer bucket list,” one YouTuber, Advice by Angel, suggested no less than 70 summer activities, from painting old shoes or taking pictures with a Polaroid to camping on the beach, and included beautiful photos to illustrate each suggestion. Among her more creative suggestions are making Nutella pizza, cliff jumping, and a trampoline sleepover. To get your children involved, one resourceful mom, Amy Pettiford, shows on a TikTok video how she listed about 70 summer bucket list choices on a posterboard in various colorful markers and mounted it on the refrigerator. She suggests checking off activities as you do them and adding the date. Among her entries are making a leaf scrapbook, jumping over waves, painting outdoors, and building a blanket fort. Making and using these lists can teach children some valuable lessons. For example, it can inspire parents and kids to think about how they spend their days. It encourages them to do things they might not otherwise pursue, such as Pettiford’s suggestions to dance in the rain, serve a neighbor, gaze at the stars, or perform a random act of kindness. Some items a parent might add, such as Pettiford’s “go garage sale hopping,” can create an opportunity to teach children how to earn money. Adventure Awaits CRAFT A BUCKET LIST OF FUN ACTIVITIES FOR YOUR KIDS
QUINOA VEGGIE BOWL
This recipe is packed with protein-rich quinoa and a colorful array of vegetables. It’s ideal for a healthy lunch or a quick dinner! Ingredients
When fall arrives, your children can return to school with a sense of satisfaction that their summer vacation has been well spent!
• 1 cup diced mushrooms • 1 tsp dried oregano • Salt and pepper, to taste • 2 cups cooked quinoa
• 2 tbsp olive oil • 1 red bell pepper, diced • 1 yellow bell pepper, diced • 1 cup diced zucchini
Directions 1. Heat olive oil in a large skillet over medium heat. 2. Add bell peppers, zucchini, and mushrooms and cook until softened, about 5 minutes. 3. Add oregano, salt, and pepper and stir to combine.
4. Add the cooked quinoa and mix thoroughly. 5. Cook for an additional 5 minutes, then serve.
www.KunkelLawFirm.com • 3 Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
Kunkel Law Firm 724-438-3020
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INSIDE THIS ISSUE
1 2 3 4
Remote Workers’ Comp Hearings Are Here to Stay
Unraveling Lobster’s Colorful Culinary History
The Surprising Rules of Movie Currency
Quinoa Veggie Bowl
Plan a Special Summer With a Bucket List
The Student Who’s Grounding Taylor Swift’s Flight Secrets
Published by Newsletter Pro • www.NewsletterPro.com
TAYLOR SWIFT’S JET-TRACKING TROUBLES FLIGHT PATH FALLOUT
emissions produced by private jets, which he shares online.
When pop megastar Taylor Swift travels anywhere, the whole world seems to hang onto every detail. It’s all made possible by information technology student Jack Sweeny, who has been tracking her private jet and posting all the details online. Swift’s lawyers sent the Florida student a cease-and-desist letter in December 2023, claiming he was providing “individuals intent on harming her, or with nefarious or violent intentions, a road map to carry out their plans.” The star’s team also stated that the timing of stalkers seems to correlate with Sweeny’s posts about her flights. Sweeny’s site, GRNDCTRL, and social media accounts source public data from the Federal Aviation Administration on the flight details of billionaires, celebrities, and other public figures like Elon Musk, Kylie Jenner, and Bill Gates. He also gets information on the fuel usage and
Though Sweeny said he never intended to cause harm to Taylor Swift or any of the other celebrities he tracks, he is using public data available to anyone; he’s just repurposing the information. His legal team said he was “engaged in protected speech that does not violate any of Ms. Swift’s legal rights.” Further, his lawyer claims Swift’s team has failed to prove the posts have led to stalking or harm of the singer. Swift hasn’t been able to shake it off yet. Sweeny continues to post flight information for the singer, though he has switched to posting it on a 24-hour delay rather than in real time. The student has said he believes in transparency and has an environmental angle for what he is doing — he wants to expose the carbon emissions produced by Swift’s flights and those of other wealthy celebrities.
Photo by iHeartRadioCA
Swift’s team has taken no further action, and Sweeny’s lawyer said he doubted any more legal action would be taken. As for Sweeny, he suggested that if Swift really wanted her privacy, she could register her private jet with an anonymous corporate entity and choose an ID code that is not her birthday and initials.
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Social Security Disability • Workers’ Compensation • Employment Rights • DUI Defense
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